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2020 Supreme(Bom) 715

BHARATI DANGRE
Mohan Parshuram Bendrikar – Appellant
Versus
Ujwala Sambhaji Wagh – Respondent


Advocates Appeared:
A.M. Kulkarni, Advocate, Akanksha Helaskar, Advocate, Rahul Mehta, Advocate, Kmc Legal, Advocate

JUDGMENT

Bharati Dangre, J. - Being aggrieved by the judgment delivered by the Motor Accident Claims Tribunal on 30th August 2011, the appellants (claimants) are before this Court. The Tribunal partly allowed the Claim Petition filed by the claimants and awarded compensation to the tune of Rs.11,39,752/- with proportionate costs in favour of the claimants i.e. father and mother of deceased Nilesh who succumbed to the accident on 15th January 2008 involving a vehicle of the respondent no.1 which was insured with Tata AIG General Insurance Co. Ltd, the defendant no.2. The Tribunal recorded a finding that Nilesh died in an accident in which the vehicle insured with the Insurance Company was registered. It also recorded that the claimants had proved that the accident occurred on account of rash and negligent driving of the said vehicle. Recording its reasons in great detail about the amount of compensation to which the claimants were entitled, the claim petition was partly allowed.

2. The applicant questioned the finding recorded by the Tribunal on issue no.3 i.e. the compensation quantified by the Tribunal and had preferred the present Appeal. The Appeal is staked on the ground that th

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